Can current VA disability rating % be decreased, when requesting an increase in %?

SFC Private RallyPoint Member — Sun, 05 Jun 2016 08:23:21 -0400

Response by MSgt Richard Rountree made Jun 5 at 2016 8:38 AM

MSgt Richard Rountree — Sun, 05 Jun 2016 08:38:42 -0400

Apparently yes. I saw this happen to a friend of mine just a couple of months ago. The good news is, you can appeal it. My friend did and he was successful.

Response by Sgt Ryan Maddings made Jun 5 at 2016 9:10 AM

Sgt Ryan Maddings — Sun, 05 Jun 2016 09:10:59 -0400

Yes if the VA feels you have gotten better from when they last evaluated you. However they must have medical evidence to reduce you.

Response by SSG Eddye Royal made Jun 5 at 2016 9:23 AM

SSG Eddye Royal — Sun, 05 Jun 2016 09:23:04 -0400

Yes, it depends on what the doc have placed in your file; I always go behind the doc, and follow up at the CLINIC STAFF 1st, before, calling the MY REP, so I can know all details.

Response by SSG Eddye Royal made Jun 5 at 2016 9:24 AM

SSG Eddye Royal — Sun, 05 Jun 2016 09:24:32 -0400

BTW, make sure to list all issues

Point by Point; and to whom you spoke with; don't whine.

Response by SSG Private RallyPoint Member made Jun 5 at 2016 9:46 AM

SSG Private RallyPoint Member — Sun, 05 Jun 2016 09:46:05 -0400

Yes. I have seen this first hand with Soldiers in the MEB getting a 90% VA and trying for the magic 100%. They appeal, and the VA returns... oops we did misread something... 80% is the new rating.

From a math perspective, if you have a 90%, you need 60% or more added to make it 100%.

Response by PV2 Private RallyPoint Member made Jun 5 at 2016 10:36 AM

PV2 Private RallyPoint Member — Sun, 05 Jun 2016 10:36:27 -0400

I hope so. There are so many dirtbags milking the system right now that legitimate veterans applying for VA benefits are at risk.

Response by SSgt Trevor Smith made Jun 5 at 2016 11:00 AM

SSgt Trevor Smith — Sun, 05 Jun 2016 11:00:05 -0400

Yes. I've seen plenty of cases where they've come back substantially lower. I don't know if it's just some people really thinking they deserve higher, or if they're getting a little greedy. But from what I've seen, it's the safe bet to stick with what you get if its a decent rating from the get go. Maybe with the exception of a grossly low rating where it's believed it should be much higher due to a certain condition. I received an 80% VA rating and quite literally took it and ran.

Response by MSgt Gloria Vance made Jun 5 at 2016 11:18 AM

MSgt Gloria Vance — Sun, 05 Jun 2016 11:18:32 -0400

Yes. When you submit a request for an upgrade in your rating, the VA will relook at ALL your disabilities. This may cause a change in the disability rating of a medical ailment that was not on your original request.

Response by SPC Paul Jennings, J.D. made Jun 5 at 2016 12:01 PM

SPC Paul Jennings, J.D. — Sun, 05 Jun 2016 12:01:37 -0400

Generally no, the VA can not simply decrease your disability rating. Remember, you do not apply for an increase you apply for a re-evaluation. If the evidence on record shows improvement that warrants a lower percentage, then it can be reduced. This does not, however, happen instantly. You are afforded due process rights when ever a decrease is proposed and you you can submit evidence to counter the VA's assumptions before your percentage is reduced. As an example, you submit for an increase for PTSD, the VA says the evidence shows your PTSD is better due to no visits to a doctor. You counter this by submitting records from a private doctor the VA didn't have access to. This could also happen if the VA initiates. Review of your file on their own. This happens, but generally the VA will tell you in your initial award level that a disability is due for reevaluation in so many years.

Also, it important to discern this from an appeal for a VA rating. Appeals are considered non-adversarial and equitable in favor of the veteran. Unless evidence is clear and convincing, a very high standard, the VA can not reduce the percentage awarded on appeal. This is why generally an appeal is preferential to a request for increase.

Response by SSgt Jim Gilmore made Jun 5 at 2016 12:23 PM

SSgt Jim Gilmore — Sun, 05 Jun 2016 12:23:05 -0400

Ratings can be reduced under a number of circumstances, not the least of which include failure to respond to a C&P notice in time or a significant documented improvement in a rated disability.

Response by SSG Max Geitner made Jun 5 at 2016 1:57 PM

SSG Max Geitner — Sun, 05 Jun 2016 13:57:21 -0400

Yes